Skip to content


Judgment Search Results Home > Cases Phrase: hindu adoptions and maintenance act 1956 section 27 maintenance when to be a charge Court: delhi Year: 2010 Page 1 of about 4 results (0.102 seconds)

Dec 23 2010 (HC)

Shri Rohit Shekhar Vs. Shri Narayan Dutt Tiwari and anr.

Court : Delhi

Decided on : Dec-23-2010

..... does not disregard the rights of an illegitimate child to maintenance. the hindu adoptions and maintenance act, 1956 for example, specifically provides for maintenance of illegitimate children in sections 20, 21 and 22 of the act. the relevant provisions are reproduced below:"20. maintenance of children and aged parents.- (1) subject to the provisions of this section a hindu is bound, during his or her lifetime, to maintain his ..... a proceeding to determining the legitimacy of a child. in the case of banarsi dass (supra), it was held:"13. we may remember that section 112 of the evidence act was enacted at a time when the modern scientific advancements with deoxyribonucleic acid (dna) as well as ribonucleic acid (rna) tests were not even in contemplation of the legislature. ..... a woman from allegations of unchastity, and the resultant harassment that she could be subjected to in legal proceedings. while those concerns are as real today as they were when the provision was enacted, nevertheless subsequent changes in womens status, the rights enjoyed by them, scientific developments and advancements, and changes in legal provisions which recognize a ..... than that all relevant evidence should be admissible and should be heard by the tribunal that is charged with deciding according to the truth."27. the law in england is now guided by the family reforms act, 1969 (later replaced by the 1987 act); it enables the court to draw a distinction between parentage and paternity thus allows conduct of .....

Tag this Judgment!

Jul 27 2010 (HC)

Sanjay Bhardwaj and ors.Vs. the State and anr.

Court : Delhi

Decided on : Jul-27-2010

..... silent about the duties of husband or the duties of wife. thus, maintenance can be fixed by the court under domestic violence act only as per prevalent law regarding providing of maintenance by husband to the wife. under prevalent laws i.e. hindu adoption & maintenance act, hindu marriage act, section 125 cr.p.c - a husband is supposed to maintain his un-earning spouse out of the income which he ..... , living separately from him, irrespective of the fact whether he earns or not. court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both of them claimed to be gainfully employed before marriage. if the husband ..... seized, he was not permitted to leave country, (the bail was given with a condition that he shall keep visiting investigating officer as and when called) is contrary to law and not warranted under provisions of domestic violence act.5. we are living in an era of equality of sexes. the constitution provides equal treatment to be given irrespective of sex, caste .....

Tag this Judgment!

Aug 30 2010 (HC)

Rachna KathuriA.Vs. Ramesh KathuriA.

Court : Delhi

Decided on : Aug-30-2010

..... section 125 cr.p.c. and crl ..... .m.c.no. 130/2010 page 1 of 3 she was getting a total maintenance of ` 4000/- per month from the respondent. in case the petitioner felt that maintenance awarded to her was not sufficient, the proper course for her ..... filed an application under section 12 of the protection of women from domestic violence act, 2005 (in short the act) and along with it she filed an application under section 29 of the act seeking maintenance. the learned court of mm observed that petitioner was living separate from her husband since 3rd january, 1996. she had filed a civil suit under hindu adoption and maintenance act and an application under ..... by a competent court either in civil suit or by court of mm in an application under section 125 cr.p.c. she does not have a right to claim additional maintenance under the act. the court of mm under the act has power to grant maintenance and monetary reliefs on an interim basis in a fast track manner only in those cases where .....

Tag this Judgment!

Jul 02 2010 (HC)

Smt. Sushila Devi Vs Shri Joginder Kumar

Court : Delhi

Decided on : Jul-02-2010

..... dated 8th august 2008, whereby while allowing application of the petitioner (respondent in the main petition) filed under section 24 of the hindu marriage act (hereinafter referred to as 'the act'), it awarded her maintenance @ rs.3,000/-per month, besides litigation expenses of rs.5,100/-. being dissatisfied by the said ..... any property nor has any rental income.5. disbelieving the respondent that he was unemployed, court awarded maintenance of rs.3,000/- per month to the petitioner keeping in view the financial status of both the parties. in 'smt. jasbir kaur ..... . being a son, may be that he is living with his parents, the fact remains that he can be made liable to pay maintenance only from his earnings and not from the properties, unless these properties give him some rental income. in this case, neither respondent owned ..... a probable formula to award maintenance to the wife. status of the parents of the husband, in no manner, can be considered by the court while ..... maintenance, court also has to consider that amount fixed for the wife is such that she can have reasonable comfort in her life considering her status and living style which she maintained while living with her husband.6. in this case, since trial court was not provided with any specific information regarding source of income of the respondent. it had to adopt .....

Tag this Judgment!

Jan 21 2010 (HC)

Manita Khurana Vs. Indra Khurana

Court : Delhi

Decided on : Jan-21-2010

Reported in : 167(2010)DLT58

..... court in joseph v. marium thomas held that the claim of a stranger over a property over which the wife had a charge for her maintenance was not required to be adjudicated in the family court. it was held that section 7 excludes the jurisdiction of the civil court only in certain matters which are relating to proceedings between parties to a marriage ..... the supreme court in k.a. abdul jaleel v. t.a. shahida : air 2003 sc 2525 also noticed that the approach of a family court is radically different from that adopted in ordinary civil proceedings. it was also held that jurisdiction of a court created especially for resolution of disputes of certain kinds should be construed liberally and a restricted meaning ..... said application it was pleaded that the house, subject matter of the suit, was joint family property and matrimonial home of the petitioner/defendant; that a petition under section 11 of the hindu marriage act between the petitioner/defendant and her husband is already pending before the family court. it was contended that the instant suit arises out of a marital relationship and ..... and terminologically, in the ordinary and primary sense which it bears in its context, without omission or addition. of course, parliament is to be credited with good sense; so that when such an approach produce injustice, absurdity, contradiction or stultification or statutory objective the language may be modified sufficiently to avoid such disadvantage, though no further'.' yet again in rishab chand .....

Tag this Judgment!

May 31 2010 (HC)

Cellular Operators Association of India and ors. Vs. Mcd

Court : Delhi

Decided on : May-31-2010

..... mcd shall constitute a broad based committee of technical and medical experts who can examine all these various studies and the technology and policy adopted by the developed countries in regulating the installation of cellular towers and antennas. the committee so constituted by these authorities shall also have some ..... who is primarily responsible to take care of public health and building bye laws and for that the mcd is legally competent to charge the regulatory fee. in support of his arguments counsel placed reliance on the judgment of the apex court in the case of state ..... other outdoor sites, should be protected from electromagnetic radiations. the operator and maintenance personnel dealing with the radio frequency devices should be properly educated for possible hazards and for taking measures for protection from electromagnetic radiations when & where required.22. submission of an undertaking from the operator that ..... has to be seriously scrutinized. the central government as well as the municipal authorities owe constitutional obligation towards each and every citizen that any act of the state or of an individual, be it for commercial gains or otherwise, does not pose any kind of threat to their ..... other company is available. in case of residential buildings, it shall also be certified that no other alternative is available with the service provider.27. nocs:(i) in case of group housing residential building, noc from all the occupants of the housing block along with the noc of .....

Tag this Judgment!

Sep 09 2010 (HC)

Mcd, and ors. Vs S.L. Meena,and ors.

Court : Delhi

Decided on : Sep-09-2010

..... following instructions shall be incorporated in addition to the instructions already issued.1). under s.no.2 approval of building plans in addition to maintenance of building plan register at zonal level another register for watching construction shall be maintained at each ward level. with a view to evolving ..... the matter of demolition of illegal constructions. the tribunal thus held that the only distinction sought to be made by the respondent mcd in adopting different procedures for its employees is wholly unjustified. if the petitioners found it practicable to hold departmental proceedings against as many as 178, ..... booking the properties and for demolition/sealing etc the tribunal has observed that as per section 343 of the dmc act, the properties are first booked for unauthorized construction by the field staff as and when the same is either detected by the field staff or on the basis of any ..... relevant period which was unchecked and this tantamount to admission of their guilt. in such circumstances, where there was gravity and sensitivity in the charges levied against them and the possibility of witnesses coming forward to depose against those officers, if any enquiry would have been conducted was remote ..... whatsoever on that count has been made that may even remotely show that different treatment was to be meted out to the executive engineers.27. the tribunal has observed that in the first order dated 09.11.2005 the pil bench only observed that until and unless severe action .....

Tag this Judgment!

Jul 12 2010 (HC)

Govt. of Nct of Delhi and anr. Vs Amit Kumar

Court : Delhi

Decided on : Jul-12-2010

..... dated 18.09.2007 and the petitioners were directed to accord a reasonable opportunity to the respondent by issuance of show cause notice etc. and adopting due process of law.3. accordingly, a show cause notice was served upon the respondent on 28.11.2007 to which the respondent submitted his ..... or warning, the respondent was dismissed from service on the ground that he concealed fact about his involvement in fir no.88/2001 registered under section 147/452/323/504/506 ipc at police station garhi pukhta, in which a compromise took place on 7.10.2001. the representation made by ..... he never received any communication about his involvement in that case either from the court or from the police before he was informed by the in-charge police station that the closure report in the case has been filed.4. on 11.12.2007 the above show cause notice was withdrawn on ..... order of acquittal annulling or voiding a conviction operates from nativity. as kelson puts it, "it is a true annulment, an annulment with retroactive force". so when the conviction (for the offence) was quashed by the high court (in appeal)... 'it killed the conviction not then, but performed the formal obsequies of ..... he succeeded in joining the department as constable (exe.) by submitting false undertaking on 29.03.2006, which clearly reflects his malafide/ deceitful intention.the above act on the part of ct. amit kumar no. 1516/ptc (now 2489/ptc) pis no. 28061160 amounts to misrepresentation, suppression of material facts and making .....

Tag this Judgment!

Aug 25 2010 (HC)

Vinay Rai Vs Anil Rai

Court : Delhi

Decided on : Aug-25-2010

..... claim for possession is purely based on title, and the plaintiffs have to rely on various principles of law relating to ostensible ownership and section 41 of tp act, validity of a oral gift by way of pasupu kumkum under hindu law, estoppels and acquiescence, to put forth a case of title, such complicated questions could properly be examined only in a title suit ..... upon facts either admitted or proved beyond controversy, it is not only competent but expedient in the interest of justice to entertain the plea. the expediency of adopting that course may be doubted when the plea cannot be disposed of without deciding nice questions of fact in considering which the court of ultimate review is placed in a much less advantageous position ..... which is not challenged".4. nevertheless, since arguments had already advanced appreciably on behalf of the respondent/plaintiff before it was brought to light that the prohibition of section 41(h) of sr act would bar a suit claiming a mandatory and permanent injunction, we think it expedient to decide the preliminary objection. the argument of mr. singh is that, assuming an ..... case in hand is, since only an interim application has been considered and decided in the impugned order. for the same reason, reliance on ravulu subba rao vs- cit, air 1956 sc 604 is of no advantage to the appellant. we think it imperative that all legal points such as limitation, estoppel, res judiciata and maintainability in law of the suit .....

Tag this Judgment!

Jul 01 2010 (HC)

The Gramophone Company of India Ltd Vs Super Cassette Industries Ltd.

Court : Delhi

Decided on : Jul-01-2010

..... rock musician jimi hendrix. the plaintiff alleged that the defendant was marketing records fraudulently by adopting design, label and album cover to convey that the record contains performances of hendrix, when in fact they did not. the plaintiff invoked the provision contained in section 43 of the lanham act, and also alleged tortuous interference with prospective economic advantage by the defendant. the district court ..... musical or artistic work and stipulates that such term shall be 60 years from the beginning of the calendar year next following the year in which the author dies. sections 26 and 27 deal with term of copyright in cinematograph film and sound recording and such term is 60 years from the beginning of the calendar year next following the year in ..... reemphasized in ettore v. philco television broadcasting corporation, 229 f.2d 481, 491-92 (3rd cir.), cert. denied, 351 u.s. 926, 76 s.ct. 783, 100 l.ed. 1456 (1956) (interpreting new jersey law) and canessa v. kislak, 97 n.j.super. 327, 235 a.2d 62 (law div.1967). cf. palmer v. schonhorn, 96 n.j.super. 72, 232 ..... public domain something which the law has thrown in that domain. this would defeat the underlying purpose of such provisions made in public interest and the very purpose of sections 22, 26 & 27.65. since the decision in super cassettes industries (supra) appears to have been rendered without considering the earlier decision of this court in gramophone i, and the same appears .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //